WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

SEVENTY-SIXTH LEGISLATURE

REGULAR SESSION, 2003

FORTY-FOURTH DAY

____________

Charleston, W. Va., Thursday, February 20, 2003

     The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)

     Prayer was offered by the Right Reverend W. Michie Klusmeyer, Bishop, Episcopal Diocese of West Virginia, Charleston, West Virginia.
     Pending the reading of the Journal of Wednesday, February 19, 2003,
     On motion of Senator Bailey, the Journal was approved and the further reading thereof dispensed with.
     The Senate proceeded to the second order of business and the introduction of guests.
     The Clerk presented a communication from the Education and State Employees Grievance Board, submitting its annual report, in accordance with chapter eighteen, article twenty-nine, section five of the code of West Virginia.
     Which report was received and filed with the Clerk.
     The Senate proceeded to the third order of business.
     A message from The Clerk of the House of Delegates announced the concurrence by that body in the passage of
     Eng. Senate Bill No. 281, Continuing department of environmental protection.
     A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
     Eng. Com. Sub. for House Bill No. 2511--A Bill to amend and reenact sections fourteen and twenty-three, article three, chapter seventeen-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended, all relating to original and renewal of registration plates; authorizing the issuance of special motor vehicle license plates for members of the nemesis shrine, volunteers and employees of the American red cross, individuals who have received the combat infantry badge or combat medic badge, members of the knights of Columbus and former members of the Legislature; prescribing fees; providing that special registration plates may only be issued to those nonprofit charitable and educational organizations authorized by prior law; prohibiting the commissioner of motor vehicles from approving or authorizing additional nonprofit charitable and educational organizations to design or market special registration plates; eliminating the requirement that a certified firefighter produce annual evidence of certification; requiring the West Virginia university fire service extension to notify the division of motor vehicles when a firefighter loses his or her certification; making technical corrections; removing the restriction on the number of plates a volunteer firefighter may obtain and increasing the cost of those plates; prohibiting the division of motor vehicles from beginning the design or production of any license plate based on membership or affiliation with a private organization until a minimum number of persons have applied and paid for the plate; procedure where minimum number not met by private organization; and providing that the division of protective services may have up to five Class A license plates.
     Referred to the Committee on Transportation; and then to the Committee on Finance.
     A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
     Eng. House Bill No. 2668--A Bill to amend and reenact section two, article one-a, chapter sixteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to uniform application forms for credentialing, recredentialing and updating information for health care practitioners.
     Referred to the Committee on Health and Human Resources.
     A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
     Eng. House Bill No. 2729--A Bill to amend and reenact section eleven, article one, chapter thirty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to compensation paid to members of professional licensing boards; and clarifying that members may be compensated only for days on which they attend official meetings and not for travel days.
     Referred to the Committee on Government Organization; and then to the Committee on Finance.
     A message from The Clerk of the House of Delegates announced the passage by that body, to take effect from passage, and requested the concurrence of the Senate in the passage of
     Eng. House Bill No. 3011--A Bill to amend and reenact section nine, article three, chapter twenty-nine of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to authority of the state fire commission to promulgate legislative and emergency rules.
     Referred to the Committee on Government Organization; and then to the Committee on the Judiciary.
     A message from The Clerk of the House of Delegates announced the adoption by that body and requested the concurrence of the Senate in the adoption of
     House Concurrent Resolution No. 21--Naming the bridge that crosses from Cabell County to Wayne County over Four Pole Creek on Route 60 the "Colonel Justice M. Chambers Memorial Bridge".
     Whereas, Justice M. Chambers, a native of Huntington, West Virginia, where he attended Marshall College in the 1920s, served with uncommon distinction in the United States Marine Corps from 1929 to 1946, being seriously wounded in combat on three separate occasions during World War II; and
     Whereas, Exhibiting conspicuous gallantry at the risk of his life, above and beyond the call of duty as commanding officer of the Third Assault Battalion Landing Team, Twenty-fifth Marines, Fourth Marine Division, Colonel Chambers, in February 1945, while seriously wounded, led an eight-hour battle against fierce Japanese resistance at Iwo Jima after landing on the island in a furious barrage of enemy machine gunfire; and
     Whereas, As a direct result of Colonel Chambers' forceful leadership, courage and fortitude in the face of staggering odds, wherein he inspired the men around him to uncommon acts of bravery as well, a vital foothold on the island was protected, thus leading to the success of subsequent operations of the Fifth Amphibious Corps on Iwo Jima; and
     Whereas, Colonel Chambers, in accordance with his heroic acts on the battlefield, was awarded the Congressional Medal of Honor in 1946 by President Harry S. Truman; and
     Whereas, In total, Colonel Chambers, in addition to the Medal of Honor, received the Silver Star and Legion of Merit with Combat "V", Purple Heart with two gold stars, Presidential Unit Citation with three bronze stars, Marine Corps Reserve Medal with two stars, American Defense Service Medal with silver star (denoting five campaigns) and the World War II Victory Medal; and
     Whereas, Colonel Chambers was appointed in 1962 by then- President John F. Kennedy to the post of Deputy Director of the Office of Emergency Planning, where he served with distinction until his retirement therefrom; and
     Whereas, Colonel Chambers passed away on July 29, 1982, at the age of seventy-four; and
     Whereas, Colonel Chambers, a distinguished native son, has bequeathed a legacy to the citizens of this state embodying the finest traditions of United States military and civilian service to this country; therefore, be it
     Resolved by the Legislature of West Virginia:
     That Colonel Justice M. Chambers is hereby honored by naming the bridge that crosses from Cabell County to Wayne County over Four Pole Creek on Route 60 the "Colonel Justice M. Chambers Memorial Bridge"; and, be it
     Further Resolved, That the Legislature hereby requests the West Virginia Division of Highways to name the bridge that crosses from Cabell County to Wayne County on Route 60 the "Colonel Justice M. Chambers Memorial Bridge" by placing signs at each end of the bridge bearing that inscription; and, be it
     Further Resolved, That the Clerk of the House is hereby directed to forward a copy of this resolution to the Commissioner of the Division of Highways, the Headquarters of the United States Marine Corps in Washington, D. C., and to each of Colonel Chambers' two nephews, Benjamin and Carter Chambers.
     Referred to the Committee on Transportation.
     The Senate proceeded to the fourth order of business.
     Senator Helmick, from the Committee on Finance, submitted the following report, which was received:
     Your Committee on Finance has had under consideration
     Senate Bill No. 76, Increasing amount from consolidated fund as loan to economic development authority.
     And has amended same.
     And reports the same back with the recommendation that it do pass, as amended.
                              Respectfully submitted,
                               Walt Helmick,
                               Chair.
     Senator Helmick, from the Committee on Finance, submitted the following report, which was received:
     Your Committee on Finance has had under consideration
     Senate Bill No. 90, Increasing number of sales by certain volunteer groups that are exempt from consumers sales tax.
     And reports the same back with the recommendation that it do pass.
                              Respectfully submitted,
                               Walt Helmick,
                               Chair.
     Senator Kessler, from the Committee on the Judiciary, submitted the following report, which was received:
     Your Committee on the Judiciary has had under consideration
     Senate Bill No. 112, Allowing farm wineries to manufacture, serve and sell certain wines.
     And has amended same.
     And reports the same back with the recommendation that it do pass, as amended.
                              Respectfully submitted,
                               Jeffrey V. Kessler,
                               Chair.
     Senator Bowman, from the Committee on Government Organization, submitted the following report, which was received:
     Your Committee on Government Organization has had under consideration
     Senate Bill No. 151, Relating to reorganizing executive branch of government.
     And reports back a committee substitute for same with the following title:
     Com. Sub. for Senate Bill No. 151 (originating in the Committee on Government Organization)--A Bill to repeal articles one-b and one-c, chapter five of the code of West Virginia, one thousand nine hundred thirty-one, as amended; to amend and reenact sections one and two, article one, chapter five-a of said code; to amend and reenact article seven of said chapter; to amend and reenact section two, article one, chapter five-f of said code; and to amend and reenact article three of said chapter, all relating to reorganizing the executive branch of government; abolishing the position of chief technology officer in the office of the governor, the information services and communications division and the science and technology council and creating a new office of technology; consolidating the department of administration and the department of tax and revenue into a new department of finance and administration; reporting requirements; creating a commission on reorganization; termination; creating a legislative oversight commission on reorganization; and continuation.
     With the recommendation that the committee substitute do pass; but under the original double committee reference first be referred to the Committee on Finance.
                              Respectfully submitted,
                               Edwin J. Bowman,
                               Chair.
     The bill (Com. Sub. for S. B. No. 151), under the original double committee reference, was then referred to the Committee on Finance.
     Senator Bowman, from the Committee on Government Organization, submitted the following report, which was received:
     Your Committee on Government Organization has had under consideration
     Senate Bill No. 153, Consolidating gambling-related functions into single gaming commission.
     And reports back a committee substitute for same with the following title:
     Com. Sub. for Senate Bill No. 153 (originating in the Committee on Government Organization)--A Bill to amend chapter twenty-nine of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new article, designated article twenty-nine, relating to legal gaming; creating a division of gaming; transferring all legal gaming activities, powers, funds and functions to the division; definitions; transferring the racing commission and the lottery commission to the division; adding the regulation of all legal gaming activities, except racing activities, to the duties of the lottery commission; division's powers and duties; transition provisions; gaming director; director's powers and duties; and continuation of the division.
     With the recommendation that the committee substitute do pass; but under the original double committee reference first be referred to the Committee on Finance.
                              Respectfully submitted,
                               Edwin J. Bowman,
                               Chair.
     The bill (Com. Sub. for S. B. No. 153), under the original double committee reference, was then referred to the Committee on Finance.
     Senator Bowman, from the Committee on Government Organization, submitted the following report, which was received:
     Your Committee on Government Organization has had under consideration
     Senate Bill No. 177, Relating to authority of aeronautics commission to expend funds.
     And reports back a committee substitute for same with the following title:
     Com. Sub. for Senate Bill No. 177 (originating in the Committee on Government Organization)--A Bill to amend and reenact section three-a, article two-a, chapter twenty-nine of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to the aeronautics commission; and authorizing expenditure of funds for educational purposes.
     With the recommendation that the committee substitute do pass; but under the original double committee reference first be referred to the Committee on Finance.
                              Respectfully submitted,
                               Edwin J. Bowman,
                               Chair.
     The bill (Com. Sub. for S. B. No. 177), under the original double committee reference, was then referred to the Committee on Finance.
     Senator Helmick, from the Committee on Finance, submitted the following report, which was received:
     Your Committee on Finance has had under consideration
     Senate Bill No. 180, Providing for school construction on cash basis.
     With amendments from the Committee on Education pending;
     And reports back a committee substitute for same with the following title:
     Com. Sub. for Senate Bill No. 180 (originating in the Committee on Finance)--A Bill to amend and reenact section six, article nine-d, chapter eighteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to the school building authority and fund; and providing for school building on a cash basis.
     With the recommendation that the committee substitute do pass.
                              Respectfully submitted,
                               Walt Helmick,
                               Chair.
     Senator Helmick, from the Committee on Finance, submitted the following report, which was received:
     Your Committee on Finance has had under consideration
     Senate Bill No. 193, Relating to required registration with commissioner of banking for certain persons.
     With an amendment from the Committee on Banking and Insurance pending;
     And has also amended same.
     And reports the same back with the recommendation that it do pass as amended by the Committee on Banking and Insurance to which the bill was first referred; and as last amended by the Committee on Finance.
                              Respectfully submitted,
                               Walt Helmick,
                               Chair.
     Senator Jenkins, from the Committee on Pensions, submitted the following report, which was received:
     Your Committee on Pensions has had under consideration
     Senate Bill No. 201, Increasing benefits to survivors of state police killed in line of duty.
     And,
     Senate Bill No. 551, Increasing employee contribution to deputy sheriff retirement fund.
     And reports the same back with the recommendation that they each do pass; but under the original double committee references first be referred to the Committee on Finance.
                              Respectfully submitted,
                               Evan H. Jenkins,
                               Chair.
     The bills, under the original double committee references, were then referred to the Committee on Finance.
     Senator Helmick, from the Committee on Finance, submitted the following report, which was received:
     Your Committee on Finance has had under consideration
     Senate Bill No. 252, Authorizing department of environmental protection to promulgate legislative rules relating to standards for beneficial use of materials similar to sewage sludge.
     And reports the same back with the recommendation that it do pass; but under the original triple committee reference first be referred to the Committee on the Judiciary.
                              Respectfully submitted,
                               Walt Helmick,
                               Chair.
     The bill, under the original triple committee reference, was then referred to the Committee on the Judiciary.
     Senator Helmick, from the Committee on Finance, submitted the following report, which was received:
     Your Committee on Finance has had under consideration
     Senate Bill No. 403, Relating to payment in lieu of property tax agreements generally.
     And has amended same.
     And reports the same back with the recommendation that it do pass, as amended.
                              Respectfully submitted,
                               Walt Helmick,
                               Chair.
     Senator Bowman, from the Committee on Government Organization, submitted the following report, which was received:
     Your Committee on Government Organization has had under consideration
     Senate Bill No. 423, Allowing board of examiners of land surveyors set certain fees by rule.
     And reports back a committee substitute for same with the following title:
     Com. Sub. for Senate Bill No. 423 (originating in the Committee on Government Organization)--A Bill to amend and reenact section six, article thirteen-a, chapter thirty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to allowing the board of examiners of land surveyors to set certain fees by rule.
     With the recommendation that the committee substitute do pass.
                              Respectfully submitted,
                               Edwin J. Bowman,
                               Chair.
     Senator Jenkins, from the Committee on Pensions, submitted the following report, which was received:
     Your Committee on Pensions has had under consideration
     Com. Sub. for Senate Bill No. 425, Authorizing higher education policy commission to participate in retirement and separation incentives.
     And reports the same back with the recommendation that it do pass; but under the original triple committee reference first be referred to the Committee on Finance.
                              Respectfully submitted,
                               Evan H. Jenkins,
                               Chair.
     The bill, under the original triple committee reference, was then referred to the Committee on Finance.
     Senator Bowman, from the Committee on Government Organization, submitted the following report, which was received:
     Your Committee on Government Organization has had under consideration
     Senate Bill No. 433, Relating to public employees insurance agency's cost-sharing and coverage plan.
     And reports back a committee substitute for same with the following title:
     Com. Sub. for Senate Bill No. 433 (originating in the Committee on Government Organization)--A Bill to amend and reenact sections two, five and twenty-five, article sixteen, chapter five of the code of West Virginia, one thousand nine hundred thirty-one, as amended, all relating to providing coverage to certain employees who work full time whether regularly employed or not; excluding costs projected to be paid for retired employees from the calculation for premium cost sharing; and limiting funds transferred annually to the reserve fund to eight percent of the projected total plan costs for each fiscal year.
     With the recommendation that the committee substitute do pass; but under the original double committee reference first be referred to the Committee on Finance.
                              Respectfully submitted,
                               Edwin J. Bowman,
                               Chair.
     The bill (Com. Sub. for S. B. No. 433), under the original double committee reference, was then referred to the Committee on
Finance.
     Senator Bowman, from the Committee on Government Organization, submitted the following report, which was received:
     Your Committee on Government Organization has had under consideration
     Senate Bill No. 441, Establishing Uniform Prudent Investor Act.
     And has amended same.
     And reports the same back with the recommendation that it do pass, as amended; but under the original double committee reference first be referred to the Committee on Finance.
                              Respectfully submitted,
                               Edwin J. Bowman,
                               Chair.
     The bill, under the original double committee reference, was then referred to the Committee on Finance, with amendments from the Committee on Government Organization pending.
     Senator Helmick, from the Committee on Finance, submitted the following report, which was received:
     Your Committee on Finance has had under consideration
     Senate Bill No. 477, Relating to transfer of certain fees to general revenue fund by fire marshal.
     And has amended same.
     And reports the same back with the recommendation that it do pass, as amended.
                              Respectfully submitted,
                               Walt Helmick,
                               Chair.
     Senator Bowman, from the Committee on Government Organization, submitted the following report, which was received:
     Your Committee on Government Organization has had under consideration
     Senate Bill No. 497, Creating Commercial Prison Enabling and Contracting Act.
     And reports back a committee substitute for same with the following title:
     Com. Sub. for Senate Bill No. 497 (originating in the Committee on Government Organization)--A Bill to amend and reenact sections one, two, four, five, eight, eleven, twelve, fifteen, nineteen and twenty, article five, chapter twenty-five of the code of West Virginia, one thousand nine hundred thirty-one, as amended, all relating to commercial prisons; setting forth legislative findings; requiring commissioner of corrections to develop certain plans; requiring commissioner to annually make recommendations whether to continue prison vendors' contracts; providing that the secretary of the department of military affairs and public safety may renew prison vendor contracts annually; providing for certain restrictions concerning offender characteristics relative to the kinds of offenders that may be incarcerated in commercial facilities; reducing the amount of time that a contractor has to abate a violation; prescribing the number of commissioner's representatives that may be employed at each commercial facility for monitoring purposes; increasing bonding requirements for contractors; requiring background checks for employees at commercial facilities; and requiring contractors to be responsible for certain costs.
     With the recommendation that the committee substitute do pass; but under the original double committee reference first be referred to the Committee on the Judiciary.
                              Respectfully submitted,
                               Edwin J. Bowman,
                               Chair.
     The bill (Com. Sub. for S. B. No. 497), under the original double committee reference, was then referred to the Committee on the Judiciary.
     Senator Helmick, from the Committee on Finance, submitted the following report, which was received:
     Your Committee on Finance has had under consideration
     Senate Bill No. 637 (originating in the Committee on Finance)- -A Bill supplementing, amending, reducing and increasing items of the existing appropriations from the state road fund to the department of transportation - division of motor vehicles, fund 9007, fiscal year 2003, organization 0802, all supplementing and amending the appropriation for the fiscal year ending the thirtieth day of June, two thousand three.
     Senate Bill No. 638 (originating in the Committee on Finance)- -A Bill making a supplementary appropriation from the balance of moneys remaining unappropriated for the fiscal year ending the thirtieth day of June, two thousand three, to the department of military affairs and public safety - West Virginia division of corrections - parolee supervision fees, fund 6362, fiscal year 2003, organization 0608, all supplementing and amending the appropriation for the fiscal year ending the thirtieth day of June, two thousand three.
     Senate Bill No. 639 (originating in the Committee on Finance)- -A Bill making a supplementary appropriation from the balance of moneys remaining unappropriated for the fiscal year ending the thirtieth day of June, two thousand three, to the department of transportation - division of motor vehicles - driver's license reinstatement fund, fund 8213, fiscal year 2003, organization 0802, all supplementing and amending the appropriation for the fiscal year ending the thirtieth day of June, two thousand three.
     Senate Bill No. 640 (originating in the Committee on Finance)- -A Bill making a supplementary appropriation of federal funds out of the treasury from the balance of moneys remaining unappropriated for the fiscal year ending the thirtieth day of June, two thousand three, to the department of military affairs and public safety - division of veterans' affairs - veterans' home, fund 8728, fiscal year 2003, organization 0618, all supplementing and amending the appropriation for the fiscal year ending the thirtieth day of June, two thousand three.
     Senate Bill No. 641 (originating in the Committee on Finance)- -A Bill making a supplementary appropriation of federal funds out of the treasury from the balance of moneys remaining unappropriated for the fiscal year ending the thirtieth day of June, two thousand three, to the department of administration - children's health insurance agency, fund 8838, fiscal year 2003, organization 0230, all supplementing and amending the appropriation for the fiscal year ending the thirtieth day of June, two thousand three.
     Senate Bill No. 642 (originating in the Committee on Finance)- -A Bill making a supplementary appropriation from the balance of moneys remaining unappropriated for the fiscal year ending the thirtieth day of June, two thousand three, to the department of health and human resources - division of human services - child support enforcement, fund 5094, fiscal year 2003, organization 0511, all supplementing and amending the appropriation for the fiscal year ending the thirtieth day of June, two thousand three.
     Senate Bill No. 643 (originating in the Committee on Finance)- -A Bill making a supplementary appropriation from the balance of moneys remaining unappropriated for the fiscal year ending the thirtieth day of June, two thousand three, to the bureau of commerce - division of natural resources, fund 3200, fiscal year 2003, organization 0310, all supplementing and amending the appropriation for the fiscal year ending the thirtieth day of June, two thousand three.
     Senate Bill No. 644 (originating in the Committee on Finance)- -A Bill making a supplementary appropriation of federal funds out of the treasury from the balance of moneys remaining unappropriated for the fiscal year ending the thirtieth day of June, two thousand three, to the department of military affairs and public safety - division of corrections, fund 8836, fiscal year 2003, organization 0608, all supplementing and amending the appropriation for the fiscal year ending the thirtieth day of June, two thousand three.
     And,
     Senate Bill No. 645 (originating in the Committee on Finance)- -A Bill making a supplementary appropriation of federal funds out of the treasury from the balance of moneys remaining unappropriated for the fiscal year ending the thirtieth day of June, two thousand three, to the public service commission - motor carrier division, fund 8743, fiscal year 2003, organization 0926, all supplementing and amending the appropriation for the fiscal year ending the thirtieth day of June, two thousand three.
     And reports the same back with the recommendation that they each do pass.
                              Respectfully submitted,
                               Walt Helmick,
                               Chair.
     Senator Edgell, from the Committee on Agriculture, submitted the following report, which was received:
     Your Committee on Agriculture has had under consideration
     Senate Concurrent Resolution No. 33, Requesting United States government expedite funding to improve security of farm produce.
     And reports the same back with the recommendation that it be adopted.
                              Respectfully submitted,
                               Larry J. Edgell,
                               Chair.
     The Senate proceeded to the sixth order of business.
Petitions

     Senator Rowe presented a petition from Diedre Jackson and forty-three West Virginia residents, requesting the Legislature to restore public transit funds and determine a dedicated funding source to support public transit.
     Referred to the Committee on Finance.
     Senator Hunter presented a petition from Debbie Spadafore and forty-one Anna Jarvis Elementary School teachers, requesting the Legislature to increase the tobacco tax by one dollar per pack of cigarettes.
     Referred to the Committee on Finance.
     Senator Hunter presented a petition from Deborah S. Capriotti and ten Pruntytown Elementary School teachers, requesting the Legislature to increase the tobacco tax by one dollar per pack of cigarettes.
     Referred to the Committee on Finance.
     The Senate proceeded to the eighth order of business.
     Senate Bill No. 107, Creating sales tax holiday for back-to-school purchases.
     On third reading, coming up in regular order, with the right having been granted on yesterday, Wednesday, February 19, 2003, for further amendments to be received on third reading, was reported by the Clerk.
     There being no further amendments offered,
     The bill, as amended on yesterday, Wednesday, February 19, 2003, was ordered to engrossment.
     Engrossed Senate Bill No. 107 was then read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 107) passed with its title.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Eng. Com. Sub. for Com. Sub. for Senate Bill No. 155, Establishing western highway authority to include representatives from certain counties.
     On third reading, coming up in regular order, was read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for Com. Sub. for S. B. No. 155) passed with its title.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Eng. Com. Sub. for Senate Bill No. 338, Establishing medicaid buy-in program for certain individuals with disabilities.
     On third reading, coming up in regular order, was read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--33.
     The nays were: Deem--1.
     Absent: None.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 338) passed with its title.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Eng. Com. Sub. for Senate Bill No. 391, Reducing training requirements for certain state police cadets.
     On third reading, coming up in regular order, was read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Dempsey, Edgell, Facemyer, Fanning, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--31.
     The nays were: Deem, Guills and McKenzie--3.
     Absent: None.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 391) passed with its title.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Eng. Com. Sub. for Senate Bill No. 404, Establishing blue and gray intermodal highway authority.
     On third reading, coming up in regular order, was read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 404) passed with its title.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Eng. Com. Sub. for Senate Bill No. 422, Allowing public service commission change certain rates for municipalities or cooperative utilities.
     On third reading, coming up in regular order, was read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 422) passed with its title.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Eng. Com. Sub. for Senate Bill No. 432, Deleting provision requiring magistrates to set payment plans in certain cases.
     On third reading, coming up in regular order, was read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 432) passed with its title.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Eng. Senate Bill No. 449, Authorizing transfer of surplus net profits between lottery fund and excess lottery fund.
     On third reading, coming up in regular order, was read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--33.
     The nays were: Smith--1.
     Absent: None.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 449) passed with its title.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Eng. Com. Sub. for Senate Bill No. 510, Permitting holocaust commission to accept gifts, donations and appropriations from Legislature; reimbursement.
     On third reading, coming up in regular order, was read a third time and put upon its passage.
     On the passage of the bill, the yeas were: Bailey, Boley, Bowman, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Ross, Rowe, Sharpe, Smith, Snyder, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--34.
     The nays were: None.
     Absent: None.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 510) passed with its title.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     Senate Bill No. 547, Relating to judges and justices and judicial retirement.
     On third reading, coming up in regular order, with Senator Oliverio's amendment pending, and with the right having been granted on yesterday, Wednesday, February 19, 2003, for other amendments to be received on third reading, was reported by the Clerk.
     On motion of Senator Oliverio, the following pending amendment to the bill was again reported by the Clerk:
     On page five, section one, line fifty-three, by striking out the words "two judges" and inserting in lieu thereof the words "one judge".
     The question being on the adoption of Senator Oliverio's amendment to the bill, the same was put and did not prevail.
     There being no further amendments offered,
     The bill was ordered to engrossment.
     Engrossed Senate Bill No. 547 was then read a third time and put upon its passage.
     Pending discussion,
     The question being "Shall Engrossed Senate Bill No. 546 pass?"
     On the passage of the bill, the yeas were: Bailey, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Helmick, Hunter, Love, McCabe, Minard, Ross, Snyder, Unger, White and Tomblin (Mr. President)--18.
     The nays were: Boley, Bowman, Guills, Harrison, Jenkins, McKenzie, Minear, Oliverio, Prezioso, Rowe, Sharpe, Smith, Sprouse and Weeks--14.
     Absent: Kessler and Plymale--2.
     So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 547) passed with its title.
     Senator Chafin moved that the bill take effect from passage.
     On this question, the yeas were: Bailey, Caldwell, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Helmick, Hunter, Kessler, Love, McCabe, Minard, Plymale, Ross, Snyder, Unger, White and Tomblin (Mr. President)--20.
     The nays were: Boley, Bowman, Guills, Harrison, Jenkins, McKenzie, Minear, Oliverio, Prezioso, Rowe, Sharpe, Smith, Sprouse and Weeks--14.
     Absent: None.
     So, two thirds of all the members elected to the Senate not having voted in the affirmative, the President declared Senator Chafin's motion had not prevailed.
     Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
     The Senate proceeded to the ninth order of business.
     Senate Bill No. 95, Increasing length and width for certain vehicles.
     On second reading, coming up in regular order, was read a second time.
     The following amendments to the bill, from the Committee on Transportation, were reported by the Clerk, considered simultaneously, and adopted:
     On page three, section three, lines seven through ten, by striking out the words "subsection (a) of this section by not more than six inches to the extent the additional width is attributable to an appurtenance extending" and inserting in lieu thereof the words "section two of this article, if the excess width is attributable to an appurtenance that does not exceed more than six inches";
     On page five, section four, after line forty, by inserting a new subsection, designated subsection (e), to read as follows:
     (e) Notwithstanding the provisions of subsections (a), (b), (c) and (d) of this section, the commissioner may designate, upon his own motion or upon the petition of an interested party, a combination vehicle length not to exceed seventy feet.;
     And relettering the remaining subsection;
     And,
     On page six, section four, after line sixty-seven, by adding a new subsection, designated subsection (g), to read as follows:
     (g) The commissioner shall publish annually an official map designating the highways of the state and the various maximum vehicle lengths relating thereto.
     The bill (S. B. No. 95), as amended, was then ordered to engrossment and third reading.
     Com. Sub. for Senate Bill No. 370, Allowing certain vehicle auxiliary lighting devices when vehicle used off road.
     On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
     Eng. House Bill No. 2763, Allowing original equipment mounted auxiliary lighting devices for use only when the vehicle is used off road.
     On second reading, coming up in regular order, was read a second time.
     On motion of Senator Ross, the following amendment to the bill was reported by the Clerk and adopted:
     On page two, by striking out everything after the enacting section and inserting in lieu thereof the provisions of Engrossed Committee Substitute for Senate Bill No. 370.
     The bill (Eng. H. B. No. 2763), as amended, was then ordered to third reading.
     The Senate proceeded to the tenth order of business.
     Com. Sub. for Senate Bill No. 354, Relating to operating or attempting to operate clandestine drug laboratory; penalty.
     On first reading, coming up in regular order, was read a first time and ordered to second reading.
     Senate Bill No. 357, Relating to standard nonforfeiture law for individual deferred annuities.
     On first reading, coming up in regular order, was read a first time and ordered to second reading.
     Senate Bill No. 635, Clarifying foster care services in relation to behavioral health.
     On first reading, coming up in regular order, was read a first time and ordered to second reading.
     Senate Bill No. 636, Exempting competitive bidding requirement for commodities and services by nonprofit workshops.
     On first reading, coming up in regular order, was read a first time and ordered to second reading.
     The Senate proceeded to the eleventh order of business and the introduction of guests.
     On motion of Senator Chafin, the Senate recessed for five minutes to permit Shelby Garrett to address the Senate on behalf of the Governor's Honors Academy and the Governor's School for the Arts.
     Upon expiration of the recess, the Senate reconvened and proceeded to the twelfth order of business.
     Remarks were made by Senators Minear, Plymale and Rowe.
     Pending announcement of meetings of standing committees of the Senate,
     On motion of Senator Chafin, the Senate adjourned until tomorrow, Friday, February 21, 2003, at 11 a.m.
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